Mississippi Today
Will state’s justices sign off on challenge to separate Jackson court district?
Mississippi Supreme Court Justices heard arguments Thursday that will help them decide the constitutionality of House Bill 1020 – the controversial law that places appointed judges in Hinds County and sets up a separate court system within Jackson.
Attorneys for a lawsuit challenging HB 1020 say it violates the Mississippi Constitution by preventing county residents from electing circuit court judges, and that the Capitol Complex Improvement District court created by the law doesn’t meet constitutional requirements.
The state’s attorneys say no constitutional issues exist and that a lower court’s ruling dismissing the lawsuit should stand.
“This simply boils down to policy disagreement,” said Solicitor General Scott Stewart, who is representing the attorney general and governor.
Cliff Johnson, an attorney for the appellants from the MacArthur Justice Center, said there are limited exceptions of when circuit court judges are not elected by the people, such as when the governor appoints someone if the judge is disqualified or unable to serve.
He argued that state statute has been used to appoint judges, including during the COVID-19 pandemic, but appointing temporary judges alongside elected ones in Hinds County is not constitutional.
Stewart said an appointed judge is not the same as an elected circuit judge, so they don’t have to be elected nor do they receive the same protections given to circuit court judges.
HB 1020 has been discussed as a response to addressing a court backlog in Hinds County, but Johnson said the law makes no claim that a crowded docket exists. Regardless, the reason for the law doesn’t matter because the circumstances don’t justify the actions the Legislature is taking – even in an emergency situation.
“This is exactly the type of situation we should be careful of,” Johnson said.
He noted that the Legislature can address an overcrowded docket without violating the constitution and taking away Hinds County residents’ ability to elect judges, such as by
adding elected judges or having the county court help. The Supreme Court can also play a role, Johnson said.
A “far reaching” implication for siding with the state would be taking power away from Hinds County voters and giving it to the Legislature, Johnson said, and he wondered what precedent would be set for its ability to approve appointed judges in other circumstances.
Another topic raised during oral arguments was about the legitimacy of the Capitol Complex Improvement District court.
State constitution places limits on inferior courts created by the Legislature, including requirements that the court be supervised by another and they have the ability to appeal, which the appellants argue is not the case for the CCID court.
Stewart argued the CCID court resembles a municipal court and meets constitutional requirements, including the ability to appeal.
Justice James Kitchens asked where in HB 1020’s language does it address that the CCID court appealability, and Stewart replied that existing state law for municipal courts grants the right for appeals to the county court.
Kitchens asked whether municipal courts currently operate like the CCID court, including having the power to send people charged with misdemeanors to the Central Mississippi Correctional Facility.
Justice David Ishee, a former municipal judge, said the requirement is for the court to sentence those charged with misdemeanors to a county jail.
Absent from the oral arguments was Chief Justice Michael Randolph, who recused himself Monday from the appeal because he is a named party in the lawsuit.
HB 1020 directs Randolph to appoint four judges to a Capitol Complex Improvement District court within the Hinds County circuit court. The law was set to go into effect July 1, but it has been paused in another lawsuit in federal court.
During oral arguments, his attorney Mark Nelson said the chief justice’s only interest is to protect his office and the court as an institution.
Nelson said Hinds Chancery Judge Dewayne Thomas and U.S. District Court Judge Henry Wingate were correct to remove Randolph from the lawsuit being appealed and a separate federal one on the basis of judicial immunity, which is the idea that judges can’t be sued for doing their jobs.
Nelson said appointments are a judicial act covered by immunity. Stewart, the attorney for the state, told the justices to think about the consequences of their ruling, which could mean that the chief justice can’t make any appointments and that past ones could be ruled invalid.
Johnson said the judicial immunity doctrine applies to protection from liability for monetary damages, but not for lawsuits seeking prospective relief such as declaratory or injunctive relief.
Dorothy Triplett, one of the three Jackson women who are appellants in the case, said today was the first time she had ever visited the Mississippi Supreme Court, and she didn’t expect the lawsuit she joined to go so far.
“I just know I believe in the right to vote and elect judges as stated in the constitution,” she said after the oral arguments.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
On this day in 1946
Dec. 23, 1946
University of Tennessee refused to play a basketball game with Duquesne University, because they had a Black player, Chuck Cooper. Despite their refusal, the all-American player and U.S. Navy veteran went on to become the first Black player to participate in a college basketball game south of the Mason-Dixon line. Cooper became the first Black player ever drafted in the NBA — drafted by the Boston Celtics. He went on to be admitted to the Basketball Hall of Fame.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Podcast: Ray Higgins: PERS needs both extra cash and benefit changes for future employees
Mississippi Today’s Bobby Harrison talks with Ray Higgins, executive director of the Mississippi Public Employees Retirement System, about proposed changes in pension benefits for future employees and what is needed to protect the system for current employees and retirees. Higgins also stresses the importance of the massive system to the Mississippi economy.
READ MORE: As lawmakers look to cut taxes, Mississippi mayors and county leaders outline infrastructure needs
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
‘Bringing mental health into the spaces where moms already are’: UMMC program takes off
A program aimed at increasing access to mental health services for mothers has taken off at the University of Mississippi Medical Center.
The program, called CHAMP4Moms, is an extension of an existing program called CHAMP – which stands for Child Access to Mental Health and Psychiatry. The goal is to make it easier for moms to reach mental health resources during a phase when some may need it the most and have the least time.
CHAMP4Moms offers a direct phone line that health providers can call if they are caring for a pregnant woman or new mother they believe may have unaddressed mental health issues. On the line, health providers can speak directly to a reproductive psychiatrist who can guide them on how to screen, diagnose and treat mothers. That means that moms don’t have to go out of their way to find a psychiatrist, and health care providers who don’t have extensive training in psychiatry can still help these women.
“Basically, we’re trying to bring mental health into the spaces where moms already are,” explained Calandrea Taylor, the program manager. “Because of the low workforce that we have in the state, it’s a lot to try to fill the state with mental health providers. But what we do is bring the mental health practice to you and where mothers are. And we’re hoping that that reduces stigma.”
Launched in 2023, the program has had a slow lift off, Taylor said. But the phone line is up and running, as the team continues to make additions to the program – including a website with resources that Taylor expects will go live next year.
To fill the role of medical director, UMMC brought in a California-based reproductive psychiatrist, Dr. Emily Dossett. Dossett, who grew up in Mississippi and still has family in the state, says it has been rewarding to come full circle and serve her home state – which suffers a dearth of mental health providers and has no reproductive psychiatrists.
“I love it. It’s really satisfying to take the experience I’ve been able to pull together over the past 20 years practicing medicine and then apply it to a place I love,” Dossett said. “I feel like I understand the people I work with, I relate to them, I like hearing where they’re from and being able to picture it … That piece of it has really been very much a joy.”
As medical director, Dossett is able to educate maternal health providers on mental health issues. But she’s also an affiliate professor at UMMC, which she says allows her to train up the next generation of psychiatrists on the importance of maternal and reproductive psychiatry – an often-overlooked aspect in the field.
If people think of reproductive mental health at all, they likely think of postpartum depression, Dossett said. But reproductive psychiatry is far more encompassing than just the postpartum time period – and includes many more conditions than just depression.
“Most reproductive psychiatrists work with pregnant and postpartum people, but there’s also work to be done around people who have issues connected to their menstrual cycle or perimenopause,” she explained. “… There’s depression, certainly. But we actually see more anxiety, which comes in lots of different forms – it can be panic disorder, general anxiety, OCD.”
Tackling mental health in this population doesn’t just improve people’s quality of life. It can be lifesaving – and has the potential to mitigate some of the state’s worst health metrics.
Mental health disorders are the leading cause of pregnancy-related death, which is defined by the Centers for Disease Control as any death up to a year postpartum that is caused by or worsened by pregnancy.
In Mississippi, 80% of pregnancy-related deaths between 2016 and 2020 were deemed preventable, according to the latest Mississippi Maternal Mortality Report.
Mississippi is not alone in this, Dossett said. Historically, mental health has not been taken seriously in the western world, for a number of reasons – including stigma and a somewhat arbitrary division between mind and body, Dossett explained.
“You see commercials on TV of happy pregnant ladies. You see magazines of celebrities and their baby bumps, and everybody is super happy. And so, if you don’t feel that way, there’s this tremendous amount of shame … But another part of it is medicine and the way that our health system is set up, it’s just classically divided between physical and mental health.”
Dossett encourages women to tell their doctor about any challenges they’re facing – even if they seem normal.
“There are a lot of people who have significant symptoms, but they think it’s normal,” Dossett said. “They don’t know that there’s a difference between the sort of normal adjustment that people have after having a baby – and it is a huge adjustment – and symptoms that get in the way of their ability to connect or bond with the baby, or their ability to eat or sleep, or take care of their other children or eventually go to work.”
She also encourages health care providers to develop a basic understanding of mental health issues and to ask patients questions about their mood, thoughts and feelings.
CHAMP4Moms is a resource Dossett hopes providers will take advantage of – but she also hopes they will shape and inform the program in its inaugural year.
“We’re available, we’re open for calls, we’re open for feedback and suggestions, we’re open for collaboration,” she said. “We want this to be something that can hopefully really move the needle on perinatal mental health and substance use in the state – and I think it can.”
Providers can call the CHAMP main line at 601-984-2080 for resources and referral options throughout the state.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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